Employer revoked H-1B by mistake

[mohit7269]

My employer revoked my H-1b by mistake. Someone else left the firm with the same first and last name. They found out when USCIS raised an RFE on my H-1B extension petition filed by my employer. They are planning to file a Nunc Pro Tunc petition now with USCIS.

Has anybody else faced this kind of situation? What is the success rate of this kind of petition?

[mohit7269]

Raghvi? Shervin? Anybody? Appreciate your support.

[raghvi]

My employer revoked my H-1b by mistake. Someone else left the firm with the same first and last name. They found out when USCIS raised an RFE on my H-1B extension petition filed by my employer. They are planning to file a Nunc Pro Tunc petition now with USCIS.

Has anybody else faced this kind of situation? What is the success rate of this kind of petition?

If it was a genuine mistake USCIS may approve it, if not nunc pro tunc but as consular process.

This is my opinion not legal advice.

[mohit7269]

If it was a genuine mistake USCIS may approve it, if not nunc pro tunc but as consular process.

This is my opinion not legal advice.

What is Consular process?

[raghvi]

What is Consular process?

Its when USCIS approves the H1 petition but does not grant a new I-94, thereby needing you to go out of US and re enter on a valid H1, if your H1 visa in passport has expired, you would need to get a new visa at a US consulate outside US.

This is my opinion not legal advice.